✦ High Court of India · 17 Mar 2025

lv1. Suounamma v. State of Telangana

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Bench
Not available
Length
1,283 words

Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ, Order or Direction particularly one in the nature of Writ of dated 12.O2.201s Selection Notification Mandamus declaring the imPugned of provisionally selected candidates for published bY the 2nd ResPondent appointment to the post of School Assistant (Social Studies) under notification No.52t2O17 dated 21 .10.2017 issued by the 2nd Respondent excluding Petitioneh hallticketnumberwhoismoremeritoriousthantheselectedcandidateinBC-C (W)categoryinMahabubnagarDistrictasarbitrary,totallyillegal,without ,14, 16 and 2.1 of the Constitution of lndia and jurisdiction, violation of Articles consequently set-aside the same by further directing the Respondents to select andappointpetitionertothepostofSchoolAssistant(Socialstudies)under Notification No.52r2017 dared 21 .10.20'17 issued by the 2nd Respondent as per -her merit in BC-c (w) category in Mahabubnagar District in t\4ahabubnagar District with exemplary costs lA NO: 'l OF 20't9 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay all further proceedings pursuant to the Notification No. 5212017 dated 21 .10.2017 issued by the 2nd Respondent to the post of Schoor Assrstant (sociar studies) including any appointment pursuant to the impugned serection notification dated 12.02.2019 in so far as BC-C (W) category in Mahabubnagar District. IANO:2O F 2019 Between: 1 State of Telengana, Rep. through Special Chief Secretary School Education(cenerat Department) Sdreta;iat; I]idl"rI;;l Commissioner and Direjor of School Education, Telangana State, Hyderabad 2 ? District Educational Officer, lVlahabubnagar District AND 1 IU. Suqunamma. D/o: A,4 Arldle\ys, Age 4g years. Occ: private Employee, 1r"rJ6i[-'r'i1il",!???;l,1L?;ffi ;il,iri'81;'?;;r,Huvo"iioiiliJr','ns,n, ..,PETITIONERS/RESPONDNETS ...RESPONDE NTS/PETITIONERS 2 Telangana State pubric service commission, Rep. by its secretary, prathibha Bhavan Nampally, Hyderabad_SO010C "- - ' '' ...RESPONDENTS/RESPONDE NTS (Respondent no.2 in W.p. is not necessary party in this petition) Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim order Dated : 01ro3r2o1g in r.A.No. 1 0f 2019 in w.p.No. 4207 ol 2019 and dismiss the writ petition. IA NO: 3 OF 2019 fletwee n: Telangana State Public Service Commission, Rep. by its Secretary, Prathibha Bhavan Nampally, Hyderabad-500'1 03 ...PETITIONER AND l. fvl. Suqunamma, D/o: M. Andrews, Age 48 years' Occ: Private Employee, Fyo 1-10-263/1/2 Lane No.4, Bahmanwadi, Begumpet, Hyderabad, Telangana - 500016 H.T.No. 1752911344 ...RESPONDENT/PETITIONER INW.P. NO.42O71201 9 State of Telangana, Rep. through Special Chief Secretary School Education(General Department) Secretariat, Hyderabad Commissioner and Director of School Education, Telangana State, Hyderabad 2 a J 4 District Educational Officer, Mahabubnagar District ...RESPONDENTS/1.t RESPONDENT iN W.P.NO.42O7I2019 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 01/03/2019 passed in l.A. No. 1 of 2019 in W.P. No. 4207 of 2019. Gounsel for the Petitioner: SRI S. RAHUL REDDY Counsel for the Respondents: GP FOR SERVICES-I The Court made the following: ORDER E HON'BLE SRI JUSTICE NAGBSH BHEEMAPAKA WRIT PETITION No.42OZ of 2019 ORDER: The case of the petitioner, precisely, is that she is more meritorious than other candidates for the post of School Assistant (Social Studies) in Mahabubnagar District, however, her name has not been included in the provisional Selection List; whereas another candidate under BC-C (W) reserved quota, who secured lesser marks than her, was included in the list. The petitioner sought information under Right to Informa[ion . Act, 2OO5, uide ApplicatLon dated 14.O2.2019, however, the. authorities responded to the application saying that the information wili be furnished after 40 days. The petitioner, through this writ petition, seeks a direclion to the 2,d respondent to appoint the petitioner as School Assistant(social Studies).

2. Heard learned counsel for the petitioner; and learned Government Pleader for Services-I. perused the record.

3. Learned counsel places the Order dated 3l.Ol.2O2S passed by this Court in W.P.No.4O55 of 20 19, and submits that the subject matter of this writ petition is similar to that petition, and therefore same orders may be passed in this writ petition also. -r I 2 wP_4207-2019 NBK,J r1

4. This Court, while admitting the writ petition on 01'03'2019' passed the following interim order in I'A No' i of 2ol9' "According to learned counsel for petitioner' though petitioner secured' more tneit than other candidates to the post of School Assrbta nt (Social Studies) in Mahabubnagar Distict, her name is not included in the prouisionol sele-ction list on the ground thlat she seanred less than 45% in Graduation in History ond' she secured more than 50% in Post Groduotiory tlerefore, eligible for considerotion in occordance uith the educational qualifications prescibed in the Recnitment Notificaaon No'52/2O17 dated 21 10'2017' According to learned' Standing Counsel' the general candidotes u,tta secured 50o/o and' 45o/o pass in the reserued cotegory euen in Prist Graduation are considered subiect to fulfillment of alt bthdr parameters' Hauing regard- to the submission, respondents are directed to ueifg the eligibitity of petitioner and if petitioner is fulfitling oll other paratleters, u;ho utas not considered onl11 on the ground tlnt she did not seate 45o/o pass in Graduation, she shall be considered for inclusion of her name in the prousional selection list a's per lter merit'"

5. Further, this Court, by order dated 31'O1 2025 passed W.P.No.4o55of2olg,disposedofthewritpetitionbydirectingas 1n follows: "7. In tlrc light of *e same, this Wit Petition is olso alloued directing tle 2^d respondent to consider the case of petitioner for oppointment to tLe post of School Assislanf(Soci al Studies) dulg takirLg into consideration ,their qtalification of secltring more thon 50o/o marks in Post Graduation leuel a.s ualid and if petitioner stood in wP 4201 2019 NSK,J tte meit list, he can come uithin the zone of consideration for appointment to the post of School Asslsfcnf/Social Studies). It is needless to obserue that the entire exercise of considering the case of petitioner shall be completed Loithin four uLeeks from the d.ate of receipt of a copg of this order."

6. Having considered the respective submissions, this Writ petition stands disposed of in terms of the order dated 31 .O 1. 2O2S in W.P.No.4O55 of 2O\9, and for the reasons alike. No costs. Miscellaneous petitions pending, if any, shall stand closed. \ To, //TRUE COPY// SD/. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR secrfuo-rr rcER /

1. The Special _Chief Secretary School Education(General Department) Secretariat, State of Telangana, Hyderabad

2. The Secretary, Telangana State Public Service Commission, prathibha Bhavan Nampally, Hyderabad-500'l 03

3. Commissioner and Director of School Education, Telangana State, Hyderabad

4. District Educational Officer, Mahabubnagar District 5. One CC to Sri S. Rahul Reddy, Advocate [OpUC] 6. Two CCs to GP for Services-|, High Court for the State of Telangana, at Hyderabad [OUT]

7. Two CD Copies ) TJ GJ I HIGH COURT DATED:17tO3t2O2S ORDER I 1 o r.{ -.\ .t r--\. . *2.'\\ t) /trt lt:ail 02 sEP fltr t\ 'i'; (:, WP.No.4207 of 201,9 -.1 : '- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ ){ o

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